MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Merge into or consolidate with any other entity (unless NAI is the surviving entity and remains in compliance of all provisions of the Operative Documents); or make any substantial change in the nature of NAI's business as conducted as of the date hereof; or sell, lease, transfer or otherwise dispose of all or a substantial or material portion of NAI's assets except in the ordinary course of its business.
Appears in 22 contracts
Samples: Lease Agreement (Network Appliance Inc), Lease Agreement (Network Appliance Inc), Pledge Agreement (Network Appliance Inc)
MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Merge into or consolidate with any other entity (unless NAI is the surviving entity and remains in compliance of all provisions of the Operative Documents); or make any substantial change in the nature of NAI's ’s business as conducted as of the date hereof; or sell, lease, transfer or otherwise dispose of all or a substantial or material portion of NAI's ’s assets except in the ordinary course of its business.
Appears in 3 contracts
Samples: Closing Certificate and Agreement (Network Appliance Inc), Closing Certificate and Agreement (Network Appliance Inc), Closing Certificate and Agreement (Network Appliance Inc)
